Definitions

1  In these regulations, "yardman" means a person licensed to operate and maintain a public sale yard.

 Standards for a public sale yard

2  (1)  Before a yardman receives a licence to operate and maintain a public sale yard, he shall submit to the Provincial Veterinarian for his approval a legal description of the property and blueprints, in duplicate, showing the detailed plan of the public sale yard and agree in writing to carry out all construction requirements to comply with these regulations and according to the approved blueprints.

(2)  An owner of a public sale yard or yardman for a public sale yard shall not carry out any construction or reconstruction therein until detailed blueprints in duplicate showing the construction have been submitted to and approved by the Provincial Veterinarian.

(3)  No operator shall engage in the business of operating public sales in a public sale yard or keep livestock for sale in a public sale yard unless

(a) the public sale yard is maintained and operated by a yardman, and

(b) in the circumstance where the yardman and the operator are not the same person, he has obtained the prior written approval of the yardman to operate the public sale and keep livestock for sale as the case may be, in the public sale yard.

(4)  No yardman shall approve or permit a public sale unless the public sale yard he is licensed to operate and maintain complies with subsection (5).

(5)  Livestock shall not be sold, offered for sale or kept for sale in any place of business unless the following conditions have been complied with:

(a) every building or yard therein in which livestock are kept is subdivided into areas so that

(i)  each species of livestock may be kept separately, and

(ii)  livestock designated for sale for purposes other than slaughter may be kept separately from livestock designated for slaughter;

(b) where the floor area of the overflow pens and corrals thereon does not exceed 1/4 of the floor area of the public sale yard, the pens and corrals are floored with gravel, shale, blacktop, concrete scored to prevent slipping or other material satisfactory to the veterinary inspector or inspector;

(c) the remainder of the floor therein is made of concrete scored in all passageways and sales rings to prevent slipping or other material satisfactory to the Provincial Veterinarian;

(d) the curb in all buildings, pens and passageways therein which have walls and where livestock are kept is of concrete of a minimum height of 12 inches (30 cm);

(e) every wall, partition, barrier, fence, manger, trough and other structure or part thereof in the yard with which livestock may come in contact is free from sharp projections and obstructions that may injure the livestock;

(f) adequate facilities for watering livestock exist in each separate area therein in which livestock are kept;

(g) all corrals, pens, passageways and sales rings are adequately drained, and all pens therein are numbered consecutively where required by a veterinary inspector or an inspector;

(h) all buildings therein where livestock are kept have a minimum height of 10 feet (3 metres) between the floor and the plate, and other rooms and offices have a minimum height of 8 feet (2.4 metres), except where the ceiling is open the building may have a minimum height of 8 feet (2.4 metres) between the floor and the plate, and the veterinary inspector or inspector may require mechanical means of forced air circulation in any building, room or office;

(i) all buildings therein are adequately lighted and ventilated and heated when so required by a veterinary inspector or an inspector;

(j) where required by a veterinary inspector or an inspector, all walls, fences, chutes and buildings therein are adequately painted or whitewashed;

(k) loading and unloading chutes and other facilities for the handling of livestock therein are constructed to enable the humane, sanitary and efficient movement and control of livestock;

(l) sufficient space is provided therein in a convenient location for the exclusive use of the veterinary inspector and inspector as an office and as a laboratory equipped with such facilities as may be required;

(m) where livestock are sold by weight, a weighing device having a capacity of not less than 3 000 pounds (1 350 kg) is installed and maintained therein in accurate operating condition;

(n) it includes suitable quarantine pens in which diseased livestock can be placed;

(o) the veterinary inspector or inspector may designate quarantine pens from time to time and identify these with a form or placard provided by the Provincial Veterinarian for that purpose;

(p) every quarantine pen therein is used as directed by a veterinary inspector or inspector;

(q) each species in quarantine therein is kept separately from the other animals;

(r) it is maintained in a clean and sanitary manner to prevent the breeding of or harbouring of flies or other insects or disease bacteria, virus or parasites;

(s) a suitable location consisting of a concrete slab or pit is provided therein for the receiving of manure from the public sale yard, trucks and other conveyances;

(t) the manure is removed therefrom and disposed of as required by the veterinary inspector or the inspector;

(u) all trucks and conveyances used for the transportation of livestock are cleaned and disinfected at the direction of the veterinary inspector or the inspector before leaving the public sale yard;

(v) water under pressure of at least 100 pounds pressure per square inch (690 kPa per 6.5 square cm) and a minimum flow rate of 20 gallons (90 litres) per minute or of at least 200 pounds pressure per square inch (1 200 kPa per 6.5 square cm) and a minimum flow rate of 10 gallons (45 litres) per minute, suitably nozzled, is provided therein for the cleaning of trucks and conveyances, except where the water cleaning is not feasible due to cold weather and the veterinary inspector or the inspector has waived this requirement for specified periods of the year or for specified public sales;

(w) it is never used for the purposes of feeding livestock for growth and fattening prior to slaughter;

(x) it is located at a distance approved by the Provincial Veterinarian from any abattoir, slaughter house or feed lot where livestock are fed for purpose of growth and fattening prior to slaughter;

(y) the number of livestock assembled for public sale is such that they may be kept, fed, watered and otherwise cared for on the premises without overcrowding or risk of injury;

(z) unless it is cleaned and disinfected at least 12 hours before any livestock are received for purposes of public sale to the satisfaction of the veterinary inspector or inspector.

(6)  Subsection (5) (b) and (c) do not apply to a public sale yard which was operated and maintained on the date these regulations came into force and in which 20 or fewer public sales were held during a calendar year.

 Licensing

3  (1)  An application for a licence to carry on as an auctioneer, operator or a yardman will not be considered unless accompanied by a licence fee as fixed in the Table of Fees.

(2)  No person under 19 years of age is qualified to be licensed.

(3)  The minister may refuse to grant or renew a licence where in his opinion the applicant is not entitled to public confidence.

(4)  Where it is alleged that a licensee has contravened any provision of the Act or the regulations made thereunder, the minister or his duly authorized representative may hold a hearing, and shall in that event send by registered mail to the licensee at the address shown on the current licence a notice

(a) giving the details of the contravention and the nature of the evidence in support thereof, and

(b) appointing the date, time and place of the hearing.

(5)  The minister or his duly authorized representative shall allow at least 7 clear days between the date of sending the notice and the date of the hearing.

(6)  If the licensee or his accredited or authorized representative fails to attend the hearing on the date at the time and place appointed, the hearing may be held and a decision made in his absence.

(7)  At a hearing under this section the licensee is entitled to hear the evidence against him, to cross-examine thereon, to call witnesses and to present his argument.

 Records and returns

4  (1)  Every operator shall keep, for at least 12 months after each public sale, a record of the sale showing

(a) the name and address of the sellers and buyers of livestock,

(b) the date of arrival and departure of livestock,

(c) the identification and description of the livestock, and

(d) the sale price of the livestock.

(2)  Where the inspection of livestock has been waived at a public sale yard, the operator shall forward to the Provincial Veterinarian, before the 10th day of the month following, a total of the number of livestock by species sold without inspection during that month and provide the component information on the form approved by the minister.

(3)  An operator shall issue a proper memorandum of sale for all livestock sold.

(4)  Every person at a public sale shall make true and correct statements and entries on forms, certificates, memoranda of sale and records.

(5)  Every consignee of livestock shall complete a form or certificate setting forth the kind, age, sex, colour and description of livestock, and the ear tags, tattoos or brands, with their location, if the livestock are so marked.

(6)  Upon the sale of livestock, the operator shall complete a sale form setting forth the name of the purchaser thereof and the name and address of the consignee thereof.

(7)  On the request of a person appointed by the minister, an operator or yardman shall make the records required to be kept under this section available to that person for scrutiny.

[am. B.C. Reg. 237/80.]

 Public sale yard procedure

5  (1)  Subject to subsection (3), a yardman, upon being required to do so by a veterinary inspector or an inspector, shall identify each head of livestock entering a public sale yard by placing a numbered tag, approved by the minister or his duly authorized representative, on each animal in an approved location.

(2)  Where more than one animal in a species is consigned to a public sale yard and are to be sold as a lot, one numbered tag placed on one animal may be deemed as sufficient identification under subsection (1) for the lot.

(3)  Where livestock at a public sale yard are accompanied by the registration certificates, the yardman may omit identification under subsection (1).

(4)  At a public sale yard where brand inspection of cattle or horses is required,

(a) all cattle or horses shall, before being offered for sale, be inspected by an inspector duly appointed under the Livestock Identification Act, and

(b) the yardman shall, immediately after an animal is sold, provide the brand inspector with a sale ticket or sales sheet setting forth the name and address of the buyer and the identification of the animal as to the consignee.

(5)  Upon application on a form provided, the minister may authorize in writing the holding of a public sale at a place other than at a public yard and setting forth the conditions under which the sale may be held.

(6)  The minister may confer and impose upon the Provincial Veterinarian the authorization and the setting forth of the conditions in subsection (5).

(7)  The sale of purebred animals shall conform with the requirements of the Animal Pedigree Act of Canada.

 Inspection of livestock

6  (1)  In this section, the inspection of livestock is waived at public sale yards where a veterinary inspector or inspector has not been designated to carry out examinations or inspections and the inspection of horses is waived at all public sale yards.

(2)  The yardman shall not approve or permit the sale in the yard of any livestock, animals, poultry, birds or household pets until examined or inspected by a veterinary inspector for visible evidence of disease or parasitism, physical defect, malnutrition or immaturity, or any other condition which would be a risk to the purchaser, unless examination or inspection has been waived by the minister. Where an operator hires the services of a veterinarian registered under the Veterinarians Act to carry out livestock inspections at a public sale yard, the operator and the veterinarian must conform to the requirements of the Livestock Public Sale Act and the regulations made thereunder.

(3)  The veterinary inspector or inspector, where necessary and practical, may identify the livestock, animals, poultry, birds or household pets in a manner satisfactory to the Provincial Veterinarian.

(4)  Where the livestock, animals, poultry, birds or household pets are healthy or sound, the veterinary inspector or inspector shall authorize the sale thereof.

(5)  Where the livestock, animals, poultry, birds or household pets are deemed unsuitable for entry, the veterinary inspector or inspector shall require the contributor or his agent to return the subject to the premises of origin, but may exempt all or some of the livestock and consign the exempted livestock to the public sale yard for sale for slaughter purposes only.

(6)  A veterinary inspector or inspector may require that any livestock presented at a public sale yard be sold for slaughter purposes only, and in that case no person shall sell or permit to be sold that livestock except for slaughter purposes.

(7)  The veterinary inspector or inspector may consign any livestock, animals, poultry, birds or household pets in a public sale yard to a quarantine pen, and no person shall permit it or them to leave the quarantine pen except when and as directed by a veterinary inspector or inspector.

(8)  All livestock, animals, birds and household pets in a public sale yard that are not sold shall be removed from the public sale yard by the consignee, subject to the disposal requirements of these regulations as directed by a veterinary inspector or inspector, and no person identified or named in such a direction shall fail to act in accordance with the direction.

(9)  Where the veterinary inspector or inspector, upon examination of any livestock, animal, poultry, bird or household pet, finds evidence of disease named under the Health of Animals Act of Canada or the Animal Disease Control Act of the Province, he

(a) shall immediately notify the nearest veterinary inspector or inspector of Agriculture and Agri-Food Canada or of the Ministry of Agriculture, Fisheries and Food of the Province, and

(b) shall prohibit the removal of the quarantine subject until it has been examined or inspected by a veterinary inspector or inspector of Agriculture and Agri-Food Canada or the Ministry of Agriculture, Fisheries and Food of the Province.

(10)  It is unlawful for anyone other than the veterinary inspector or the inspector to remove, move, render illegible or otherwise deface any quarantine sign or ear tag or other identification mark or symbol used or applied by the veterinary inspector or the inspector, or under his supervision or direction, at a public sale yard.

(11)  The yardman shall assist the veterinary inspector or the inspector or the brand inspector where required in the performance of his duties.

(12)  Where a public sale continues after the hour of 5 o'clock in the afternoon of any one day, veterinary inspectors and inspectors shall be deemed to be working overtime, and the operator may be assessed overtime pay and expenses, and in that event the operator shall pay the amount assessed, and in addition the operator is responsible for any overtime pay and expenses for any veterinary inspector or an inspector required to work on a Sunday or a legal holiday where assessed.

(13)  A person who at a public sale offers for sale livestock designated for sale for purposes other than slaughter shall do so separately from offering for sale livestock that are designated for slaughter, and the operator or auctioneer shall give suitable notice concerning the required disposition of each group.

(14)  The purchaser of livestock sold for slaughter shall consign the livestock to an abattoir operating under the Meat Inspection Act of Canada or of the Province, or to a slaughter house licensed under the Livestock Identification Act.

(15)  Where livestock for immediate slaughter are consigned to a slaughter house licensed under the Livestock Identification Act, the operator of the slaughter house shall provide to the satisfaction of the veterinary inspector or the inspector records and proof that the livestock were slaughtered.

(16)  The onus of proof that livestock consigned for immediate slaughter were transported and delivered for immediate slaughter shall rest with the purchaser.

(17)  A veterinary inspector or inspector shall incur no liability in damages or otherwise arising out of any inspection made or opinion given with regard to the state of health of any animal under these regulations.

(18)  Where a consignee of livestock informs a veterinary inspector or inspector that an animal is presented at a public sale yard for slaughter purposes only, the veterinary inspector or inspector may ear tag or otherwise mark the animal accordingly without carrying out any examination or inspection, and the animal shall not be sold for any purpose other than slaughter.

(19)  Livestock marked for slaughter purposes only and consigned to an abattoir or a slaughter house shall be delivered directly thereto after the termination of the public sale and slaughtered within 7 days of delivery.

(20)  A veterinary inspector or inspector may refuse to allow the unloading of livestock at a public sale yard if, in his opinion, the truck or conveyance from which the livestock is to be unloaded is not clean and sanitary or if such livestock are presented in a vehicle which has them exposed to inclement weather.

(21)  Notwithstanding anything in the regulation, where

(a) weaned calves of cattle intended to be offered for sale are, in the opinion of the veterinary inspector or inspector, less than 8 days old, or

(b) weaned swine intended to be offered for sale weigh less than 25 pounds (11.25 kg) each,

the veterinary inspector or inspector shall identify each calf or swine, as the case may be, by marking it in a manner approved by the Provincial Veterinarian, and no such calf or swine shall be offered for sale or sold.

(22)  Where an animal has been marked pursuant to subsection (21), the consignee or his agent shall remove it from the public sale yard as soon as possible.

(23)  Weaned calves, purchased at a public sale yard, shall not be presented for resale at a public sale yard before a lapse time of at least 72 hours.

(24)  The purchaser of livestock consigned for immediate slaughter who is not the operator or agent of an abattoir operating under the Meat Inspection Act of Canada or of the Province or a slaughter house licensed under the Livestock Identification Act shall be required to sign a Statement Re Consignment before the livestock leave the public sale yard.

[am. B.C. Reg. 105/80.]

 Offence

7  A person who contravenes section 4 (1), (2), (3), (4), (5) or (6) or section 6 (5), (6), (7), (8), (10), (11), (14), (15), (20), (22) or (23) commits an offence and is liable to a fine not exceeding $2 000.

[en. B.C. Reg. 220/83, s. 1.]